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HomeMy WebLinkAboutPC RES 34941 RESOLUTION NO. 3494 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 96-025, AUTHORIZING THE ON-SITE SALES AND CONSUMPTION OF BEER AND WINE (ABC LICENSE TYPE "41") AT 13791 NEWPORT AVENUE, TUSTIN AND AMENDING CONDITIONAL USE PERMIT 85-009 MODIFYING THE APPROVED SHARED PARKING. PROGRAM FOR TUSTIN PLAZA. The Planning Commission of the City of Tustin does hereby resolve as follows: I · The Planning Commission finds and determines as follows: A· Be A proper application, Conditional Use Permit 96-025 has been filed by Wahoo's Fish Taco requesting authorization to obtain a license for on-site sale of beer and wine (ABC License Type "41") in conjunction with a proposed restaurant located at 13791 Newport Avenue, Tustin, and 3rd amendment to CUP 85-009 modifying the shared parking program for Tustin Plaza. . A public hearing was duly called, noticed and held for said application on November 12, 1996 by the Planning Commission. Ce The subject premises is located in the Planned Community-Commercial (PC-C) Zoning District. .The use applied for is a conditionally permitted use in the Commercial General (C-G) District, which applies, to this Planned Community District (TCC Section 9235). De That the establishment, maintenance, and operation of the use applied'for will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use nor be a detriment to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin, as evidenced by the following findings: · The proposed project, as conditioned, substantially complies with adopted guidelines for alcoholic beverage sales establishments which have been established and considered to mitigate 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3494 Page 2 potential impacts associated with the sale of alcohol. · The sale of beer and wine woul~ be ~or on-site consumption only. · The sale of alcohol .would only be authorized in conjunction with a restaurant use. Hours of sales of beer and wine are limited to 11:00 a.m. to 10:00 p.m. Monday through Sunday when food is available. Food provided would be prepared on the premises. · No billiard tables, coin operated games, dancing or entertainment is proposed on the restaurant premises. · Ail persons serving beer and wine will be eighteen (18) years of age or older and supervised by someone twenty-one (21) years of age or older. The supervisor will be present in the same area as the point of sale. This project is Categorically Exempt from the requirements of the California Environmental Quality Act, pursuant to Sections 15303 and 15011 (Class 3 and 11). II. The Planning ~ommission hereby approves Conditional Use Permit 96-025 authorizing on-site sales of beer and wine (ABC License. Type "41") in conjunction with a restaurant use, located at 13791 Newport Avenue and 3rd amendment to CUP 85-009 to modify the shared parking program for Tustin Plaza, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 12th day of November, 1996. LOU BONE Chairman Resolution No. 3494 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TOSTIN ) I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the. City of Tustin, California; that Resolution No. 3494 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 12th 'day of November, 1996. 10 12 13 Bf~RB~REYES - /// -- Recoz~Rlng Secretarl~ 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A RESOLUTION NO. 3494 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 96-025 AND AMENDMENT #3 TO CUP 85-009 GENERAL (1) 1.1 · The proposed project shall substantially conform to submitted plans date stamped November 12, 1996 on file with the Community Development Department, except as herein modified, or as modified by· the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to the plans if such modifications are consistent with the provisions of the Tustin City Code. (1) 1.2 Conditional Use Permit approval shall become null and void unless an Alcoholic Beverage Control license Type "41" is obtained from ABC and the sale of beer and wine commences within 12 months of the date of this exhibit. Time extensions may be granted by the Planning Commission if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 Approval of Conditional Use Permit 96-025 and Amendment #3 to CUP 85-009 is contingent upon the applicant and. property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.4 The applicant shall· hold harmless and defend the City of Tustin from all claims and liabilit'ies arising out of the City's approval of the entitlement process for this project. (1) 1.5 Condition 1.6 of Planning Commission Resolution No. 2805 shall be amended to read as follows: "The maximum floor area for restaurants and/or food related uses (including outdoor seating areas) shall not exceed tenant commitments and/or proposed tenant plans of the property owner as of November 12, 1996." SOURCE CODES (1) STANDARD CONDITIONS · (2) PLANNING COMMISSION POLICY (3)' MUNICIPAL 'CODE (4) RESPONSIBLE AGENCY REQUIREMENT (***) EXCEPTION Exhibit A Resolution No. 3494 November 12, 1996 Page 2 USE RESTRICTIONS (3) 2.1 Ail alcoholic beverages shall be consumed on-site. No off-site alcohol sales for any type of ABC license is authorized. (2) 2.2 Hours of sales of beer and wine shall be.limited to the hours when food is available (11:00 a.m. to 10:00 p.m. Monday through Sunday). Menu items shall be available in the restaurant during business hours. (2) 2.3 The menu of the restaurant shall consist of foods that are prepared on the premises. (2) 2.4 No outdoor seating shall be permitted unless a separate Conditional Use Permit is approved consistent with the current provisions of the Tustin City Code. (2) 2.5 There shall be no pool tables or coin operated games on the premises at any time. (2) 2.6 Authorization for ABC License Type "41" is contingent upon the use of the subject premises remaining a restaurant. At such time 'that restaurant use is discontinued the Conditional Use Permit shall become null and void. - (2) 2.7 Ail persons serving alcoholic beverages shall be 18 years of-age or older and shall be supervised by someone 21 'years of age or older. A supervisor shall be present in same area as point of sale. (2) 2.8 "No Loitering" signs shall be posted on the Wall inside of the restaurant, next to the open side of the front door. (2) 2.9 Signs posted to advertise items shall be limited to cover no more than 25 percent of the window area. (4) 2.10 Ail building locking devices added to the premises shall meet those requirements as set forth in the Building Security Code. (4) 2.11 The total number of seats in the restaurant shall not exceed 80 seats, or as may be authorized by current provisions of the Tustin City Code related to parking for the entire shopping center. .' Exhibit A Resolution No. 3494 November 12, 1996 Page 3 .. (4) 2.12 APplicant shall obtain all necessary permits from the Building Department prior to construction of improvements which require a permit, pursuant to the Uniform.Building Code and Tustin Municipal Code. (4) 2.13 The applicant shall obtain an ABC license from the California Department of Alcoholic Beverage Control prior to the sale of alcoholic beverages. (4) 2.14 Type 41 alcoholic beverage sales are only permitted in conjunction with a restaurant use. The restaurant use shall be maintained on site and shall have a minimum 50 percent of the sales be attributed to food items. (4) 2.~5 Prior to the issuance of a Certificate of Occupancy for the restaurant use, the applicant shall notify their employees that all employees shall use the parking area to the west of 13771 building for vehicle parking. The owner shall submit a copy of such notification to the Community Development Department and shall enforce this restriction. PLAN SUBMITTAL (1) 3.~ At building permit plan check, submit three (3) complete sets of sign plans. Requirements of the Uniform Building Code shall be complied with as approved by the Building official. All construction shall be in accordance with the 1991. UBC, applicable City Codes and the City's Security Code. No field changes shall be made without corrections submitted to and approved by the Community Development Department. (4) 3.2 Prior to occupancy by the restaurant use, the applicant shall obtain all necessary approvals of the Orange County Health Department and the Orange County Fire Authority. *** 3.3 If in the future the City becomes aware that a parking problem exists on the site or in the vicinity as a result of the restaurant use, then the.Director of Community Development may require the applicant/property owner to prepare a parking demand analysis. If said study indicates that there is inadequate parking, the applicant/property owner shall be required to provide mitigation measures to be reviewed and approved by the Planning Commission. Said mitigation may include, but .are not limited t~, the following: a. Establish alternate hours'of operation. b. Restrict the maximum number of restaurant seats. Exhibit A Resolution No. 3494 November 12, 1996 Page 4 C . .. Secure off-site parking from adjacent property owners. FEES (6) 4.1 Prior to issuance of any permits, the applicant shall pay all applicable building plan check and permit fees to the Community Development Department. Payment will be required based upon the rate in effect at the time of permit issuance and are subject to change. (1) 4.2 Within forty-eight (48) hours of approval of the subject (5) project, the applicant shall d~liver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $38.00 (thirty-eight dollars) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the abovernoted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.